S.Nirmala Mary vs The State Rep. By
2021 Latest Caselaw 19778 Mad

                                                                              CRL.O.P.No.17170 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 27.09.2021

                                                        CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                CRL.O.P.No.17170 of 2021

                     S.Nirmala Mary                                        ... Petitioner

                                                        Versus

                     1.The State rep. By
                       The Commissioner of Police,
                       Vepery, Chennai.

                     2. The Inspector of Police,
                        T-11, Thiruninravur police Station,
                        Chennai.                                          ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to issue directions, directing the respondent police
                     to register FIR against the said accused on the basis of the complaint
                     lodged by the petitioner on 09.09.2020.

                                      For Petitioner    :     Mr.S.Senthamilselvam

                                      For Respondents   :     Mr.R.Vinothraja
                                                              Gov. Advocate (Crl.Side)


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                CRL.O.P.No.17170 of 2021




                                                         ORDER

(This case has been heard through video conference)

This petition has been filed to direct 2nd the respondent Police to

register a case based on the petitioner's complaint dated 09.09.2020

pending on the file of the 2nd respondent Police.

2.Heard the learned counsel for the petitioner and the learned

Government Advocate (Criminal Side) appearing on behalf of the

respondents.

3.This petition is not maintainable, in view of the Order passed by a

Division Bench of this Court in G.Prabhakaran v. The Superintendent of

Police, Thanjavur reported in (2018) 2 LW Crl 489. The Hon'ble

Supreme Court in its latest judgment rendered by a three Judge Bench in

M. Subramaniam v. S. Janaki reported in (2020) 5 CTC 464, after

relying upon Sakiri Vasu Case, has categorically held that the High Court

cannot issue any direction for registration of FIR in exercise of its

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.17170 of 2021

jurisdiction under Section 482 of Cr.P.C. The Hon'ble Supreme Court held

that the informant has to necessarily avail of the alternative remedy

provided under Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C.

Liberty is given to the petitioner to workout his remedy as per the

directions issued by the Division Bench in the order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

27.09.2021 Index: Yes/No Internet: Yes/No rpp/nr

To

1. The Commissioner of Police, Vepery, Chennai.

2. The Inspector of Police, T-11, Thiruninravur police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.17170 of 2021

M.NIRMAL KUMAR, J.

rpp/nr

CRL.O.P.No.17170 of 2021

27.09.2021

https://www.mhc.tn.gov.in/judis/